Opinion
05-23-01119-CV
01-25-2024
IN RE SHEDRICK THORNTON, Relator
Original Proceeding from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F1970256
Before Justices Partida-Kipness, Carlyle, and Garcia
ORDER
CORY L. CARLYLE JUSTICE
On November 14, 2023, we issued an opinion denying relator's petition for writ of mandamus. On December 4, 2023, we denied relator's November 20, 2023 motion for rehearing.
On December 18, 2023, relator filed a motion to reinstate and supplement, which we construe as a second motion for rehearing. The Texas Rules of Appellate Procedure do not permit relator to file a second motion for rehearing in this original proceeding. See TEX. R. APP. P. 52.9. In any event, our plenary power in this original proceeding expired thirty days from the date we denied relator's first motion for rehearing. See TEX. R. APP. P. 19.1(b) (stating court of appeals' plenary power over its judgment expires thirty days after the Court overrules all timely filed motions for rehearing); The Cadle Co. v. Lobingier, 50 S.W.3d 662, 671 (Tex. App.-Fort Worth 2001, pets, denied) (en banc) (applying rule 19.1 to original proceedings). Thus, we DISMISS relator's second motion for rehearing.
On January 8, 2024, relator filed a motion for an out of time appeal. To the extent this is a third motion for rehearing, we DISMISS the motion for the same reasons set forth above. To the extent this is a motion requesting an extension of time to file an appeal, this Court does not have jurisdiction to grant an out of time appeal. See TEX. CODE CRIM. PROC. ANN. ART. 11.07, §§ 1, 3, 5; Pete v. State, Nos. 05-18-00573-CR, 05-18-00574-CR, 05-18-00575-CR, 2018 WL 3062507, at *1 (Tex. App.-Dallas June 21, 2018, no pet.) (mem. op.) (not designated for publication) ("To be entitled to an out-of-time appeal, the defendant must file an application for a writ of habeas corpus with the clerk of the convicting court. The application is then transmitted to the Texas Court of Criminal Appeals, which has sole jurisdiction to grant the relief of an out-of-time appeal.") (internal citations omitted). Thus, we DISMISS the motion for an out of time appeal.